High Court of KeralaDivision Bench2022-11-15W.P. Nos. 34497/2018 and 35718/2018 dismissed; ...

T.G. Mohan Das v State of Kerala and others (W.P.(C) Nos. 34497 of 2018 and 35718 of 2018)

Case / Petition Number:WP(C) Nos.34497 of 2018 and 35718 of 2018

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anil K. Narendran
P. G. Ajithkumar
Judgment Date: 2022-11-15
Court Decision / Holding: W.P.(C) Nos.34497/2018 and 35718/2018 were dismissed by this Court on 15 November 2022, with a note that the issues are pending before the Constitution Bench of the Supreme Court. The Court left open the legal and factual contentions raised by both sides and did not grant the requested mandamus, effectively upholding the status quo while deferring final resolution to the Apex Court.
Final Disposition: W.P. Nos. 34497/2018 and 35718/2018 dismissed; pendency before the Constitution Bench of the Supreme Court; contentions left open.

Parties to the Case

Appellants / Petitioners

T.G. Mohan Das
Gopinathan s/o Late Raman Nair

Respondents

The State of Kerala represented by the Secretary to the Government, Department for Devaswom, Government of Kerala, Trivandrum – 695001
The Travancore Devaswom Board represented by its Secretary, Ananthancode, Thiruvananthapuram – 695003
The Executive Officer, Travancore Devaswom Board, Ananthancode, Thiruvananthapuram – 695003
State of Kerala represented by Secretary to the Government, Department of Home Affairs, Government Secretariat, Thiruvananthapuram – 695001
The State Police Chief, Police Headquarters, Vellayambalam, Thiruvananthapuram – 695010
District Police Chief, District Police Office, Thazhevettippuram, Pathanamthitta – 689645
Station House Officer, Pampa Police Station, Pampa, Pathanamthitta – 689713
Dr. Subramanian Swamy, Convener, Legal and Parliamentary Committee, Hindu Dharma Acharya Sabha, A-77, Nizamuddin East, New Delhi – 110013
The District Collector, Pathanamthitta – 689645
Addl. R10 Rahul K. Easwar S/o Easwaran Namboothiri, Saphire Apartments, NANDHAVANAM, Museum P.O., Thiruvananthapuram – 695033 (Impleaded as per order dated 30.11.2018 in I.A. No.3/18).

Legal Representation & Advocates

Counsels for Petitioners

• Sajith Kumar V.
• Sri N.S. Dayasindhu
• Shree Hari
• Smt. Arya RaghuNath
• M.P. Ashok Kumar
• Sri P.C. Gopinath
• Smt. Bindu Sreedhar
• Smt. R.S. Manjula

Counsels for Respondents

• G. Biju, Senior Counsel (Standing Counsel for Travancore Devaswom Board)
• M.P. Madhavankutty
• S. Krishnamoorthy
• Smt. M. Santhi
• A.G. Sri S. Rajmohan (Advocate General)
• Sri K.V. So han
• State Attorney Sri P. Narayanan
• Sri V. Manu
• Sri Suman Chakravarthy
• Sri N. Manoj Kumar (State Attorney)
• Sri G. Biju (Standing Counsel for Travancore Devaswom Board)

Case Synopsis & Summary

These are two related writ petitions under Article 226 challenging the entry rules governing the Sabarimala temple. The petitioner contends that permitting entry of non-Hindus and non-idol worshippers into the Sannidhanam violates Rule 3 of the Kerala Places of Public Worship (Authorization of Entry) Act, 1965 and the corresponding Rules, and seeks a declaration to regulate entry strictly for devotees in line with Rule 3(a). The petitions rely on the Apex Court’s dictum in Indian Young Lawyers Association v. State of Kerala (2019) 11 SCC 1 to argue against broader access, while praying for a mandamus to ensure compliance and to initiate investigations into police actions that allegedly allowed non-Hindu entrants. The respondents, including the State and the Travancore Devaswom Board along with law and order authorities, counter that the issues are sub judice before the Supreme Court and that the State has legitimate authority to regulate temple entry in the interest of public order and religious practices. On admission, the court noted that WP(C) No.35718/2018 had already been admitted and, after detailed hearings, the matter was considered with the pendency before the Supreme Court’s Constitution Bench. On 15 November 2022, the High Court disposed of both petitions by dismissing them, keeping open the legal and factual contentions for the higher court’s decision, thereby upholding the status quo while deferring final resolution to the Apex Court.

Provisions of Law Cited

Article 226 of the Constitution of IndiaSection 3(a) of the Kerala Places of Public Worship (Authorization of Entry) Act, 1965Rule 3(a) of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the entry regime for Sabarimala should be aligned with the spirit of the Constitution and the Apex Court’s ruling in Indian Young Lawyers Association v. State of Kerala, arguing for non-discriminatory access to the temple for all eligible worshippers. They seek enforcement of Rule 3(a) to restrict entry to idol-worshippers and temple-believers, and call for independent inquiry into alleged police protection extended to non-Hindu entrants, with a mandamus to regulate access.

Contentions of Respondents

The respondents submit that the issues are sub judice before the Supreme Court and that the State, along with the Travancore Devaswom Board and law-and-order agencies, has the authority to regulate temple entry to maintain public order and religious practice. They emphasize the pendency of the Apex Court proceeding and request dismissal or deferment of these petitions to await the higher court’s decision, arguing that substitution of settled Supreme Court principles at this stage would be inappropriate.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Indian Young Lawyers Association v. State of Kerala	(2019) 11 SCC 1	Positive	The court cites and relies on the Apex Court's judgment to frame the issues of temple entry and to support maintaining the existing regulatory framework; the reference indicates adherence to the higher court's dictum.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** ## **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 15[TH] DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944** ## **WP(C) NO.34497 OF 2018** ## **PETITIONER:** **T.G.MOHAN DAS AGED 63 YEARS S/O.GOVINDA NAICK, SANTHI NAGAR COLONY, HOUSE NO.9/996, KOOVAPPADAM, KOCHI-682 002.** **BY ADVS. SAJITH KUMAR V. SRI.N.S.DAYA SINDHU SHREE HARI SMT.ARYA RAGHUNATH** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT FOR DEVASWOM, GOVERNMENT OF KERALA. TRIVANDRUM -695001.** - **2 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.** - **3 THE EXECUTIVE OFFICER THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.** - **4 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **5 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010.** - **6 DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE THAZHEVETTIPPURAM, PATHANAMTHITTA, PIN - 689 645.** 2 W.P.(C) Nos.34497 and 35718 of 2018 - **7 STATION HOUSE OFFICER PAMPA POLICE STATION, PAMPA, PATHANAMTHITTA - 689 713.** - **8 DR.SUBRAMANIAN SWAMY CONVENER, LEGAL AND PARLIAMENTARY COMMITTEE, HINDU DHARMA ACHARYA SABHA A77, NIZAMUDDIN EAST, NEW DELHI - 110 013.** - **9 THE DISTRICT COLLECTOR COLLECTORATE, PATHANAMTHITTA - 689 645.** - **10 ADDL.R10.RAHUL.K.EASWAR S/O.EASWARAN NAMBOOTHIRI, SAPHIRE APARTMENTS, NANDHAVANAM, MUSEUM PO., THIRUVANANTHAPURAM, PIN - 695033. (ADDL.R10 IMPLEADED AS PER ORDER DATED 30.11.2018 IN I.A No.3/18.)** **BY ADVS. SRI.G.BIJU, SC, TDB GOVERNMENT PLEADER M.P.MADHAVANKUTTY S.KRISHNAMOORTHY SMT.M.SANTHI (K/868/2011)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2022, ALONG WITH WP(C).35718/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.P.(C) Nos.34497 and 35718 of 2018 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** # **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 15[TH] DAY OF NOVEMBER 2022 / 24TH KARTHIKA,** **1944** **WP(C) NO.35718 OF 2018** **PETITIONER:** **GOPINATHAN S/O.LATE RAMAN NAIR, KORAMBATH HOUSE, OORAKAM.P.O, THRISSUR-680 562.** **BY ADVS. M.P.ASHOK KUMAR SRI.P.C.GOPINATH SMT.BINDU SREEDHAR SMT.R.S.MANJULA** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM 695001.** - **2 THE TRAVANCORE DEVASWOM BOARD. THIRUVANANTHAPURAM, REP BY ITS SECRETARY, 695001** - **3 DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA 689645** **4 DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695001 BY ADVS. ADVOCATE GENERAL SRI.S.RAJMOHAN, SC, TDB SRI.K.V.SOHAN, STATE ATTORNEY SRI.P.NARAYANAN, SENIOR GOVT. PLEADER SRI.V.MANU, SENIOR GOVT. PLEADER SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER** 4 W.P.(C) Nos.34497 and 35718 of 2018 **SRI N.MANOJ KUMAR - STATE ATTORNEY ; SRI G.BIJU- STANDING COUNSEL -TRAVANCORE DEVASWOM BOARD** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2022, ALONG WITH WP(C).34497/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 W.P.(C) Nos.34497 and 35718 of 2018 ## **J U D G M E N T** Anil K. Narendran, J. W.P.(C) No. 34497 of 2018:- The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking for a declaration that permitting entry of Non-Hindu and Non-Idol worshipers into the Sannidhanam of Lord Ayyappa is violative of Rule 3 framed under Kerala Places of Public Worship (Authorisation of Entry) Act, 1965 and the dictum laid down by the Apex Court in **Indian Young Lawyers Association v. State of Kerala [(2019) 11 SCC 1]** ; a writ of mandamus commanding the respondents to regulate entry of devotees, both men and women, into Sabarimala Temple, in terms of Rule 3 framed under Kerala Places of Public Worship (Authorisation of Entry) Act, 1965; and a writ of mandamus commanding the respondents to conduct an independent investigation into the police actions permitting “Non-Hindu women and Non-Idol worshipers” in violation of Rules and the Apex Court judgment into Sabarimala Temple and to initiate appropriate proceedings against those found guilty. 1.1. On 30.11.2018, when this writ petition came up for 6 W.P.(C) Nos.34497 and 35718 of 2018 ## admission, this Court passed the following order: “Admit. It is pointed out that a similar matter involving a prayer as now raised in this writ petition with reference to Section 3 (a) of the Kerala Places of Public Worship (Authorization of Entry) Act, 1965 [W.P.(C) No.35718/2018) has already been admitted. In the said circumstance, this matter also stands admitted. The learned Government Pleader takes notice on behalf of the respondents 1, 4, 5, 6, 7 and 9. The learned Standing Counsel Mr. Raj Mohan takes notice on behalf of the respondents 2 and 3. No notice does require to be issued to the 8[th] respondent for the time being. Post on 12.12.2018. 2. W.P.(C) 35718 of 2018:- The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking for a direction to the respondents to strictly enforce Rule 3(a) of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 and prohibit the entry of persons who are not idol worshipers or Temple believers into Sabarimala Temple; a declaration that the members of Hindu community alone are entitled to enter in a Hindu Temple or shrine for worship as of right and the State Government which is secular in nature cannot interfere in the religious and customary affairs of a Hindu Temple; a declaration that the secular Government 7 W.P.(C) Nos.34497 and 35718 of 2018 cannot give Police protection to non Hindus and permitting them to visit to Sabarimla Temple is against Rule 3(a) of Kerala Hindu places of Public Worship (Authorisation of entry) Act 1965 and the Rules made thereunder; and a declaration that an Ayyappa Devotee can offer his prayers in front of the Sabarimala Sreekovil, any number of time, and the State Government, Devaswom Board or the Police has no authority to prohibit a devotee continuing in Sannidhanam beyond 24 hours. 2.1. On 27.11.2018, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1, 3 and 4. The learned Standing Counsel for Travancore Devaswom Board took notice for the 2[nd] respondent. On 23.11.2018, 27.11.2018, 12.12.2018, 19.12.2018, 03.01.2019 and 16.01.2019, this Court passed detailed orders in this matter. On 13.02.2019, when this matter was taken up for consideration, this Court passed the following order: “On conclusion of the Mandalam-Makaravilakku Festival, the team of observers appointed by this Court has filed Report No.4 (after the Report No.3 dated 11.01.2019), which appears to be the final one. The Registry is required to make available copy of the said report to the stake 8 W.P.(C) Nos.34497 and 35718 of 2018 holders for getting instructions, if any, to be acted upon by this Court.” 3. Today, when the above writ petitions are taken up for consideration, it is submitted by the learned counsel on both sides that the issues involved in these matters are now pending consideration before the Apex Court. In such circumstances, leaving open the legal and factual contentions raised by both sides, these writ petitions may be dismissed, taking note of the pendency of the matter before the Apex Court. In the result, based on the aforesaid submission made by the learned counsel on both sides and taking note of the pendency of the matter before Constitution Bench of the Apex Court, these writ petitions are dismissed, leaving open the legal and factual contentions raised by both sides. Sd/- ## **ANIL K.NARENDRAN JUDGE** Sd/- ## **P.G. AJITHKUMAR JUDGE** PV 9 W.P.(C) Nos.34497 and 35718 of 2018 ## **APPENDIX OF WP(C) No.34497/2018** **PETITIONER'S EXHIBITS** **EXHIBIT P1 A TRUE COPY OF THE PAPER REPORT DATED 17/10/2018 AS REPORTED IN MANORAMA ONLINE DAILY.** **EXHIBIT P2 A TRUE COPY OF THE TWEET MADE IN SOCIAL MEDIA WEBSITE TWITTER BY MS.SUHASINI RAJ.** **EXHIBIT P3 A TRUE COPY OF THE STATEMENT PUBLISHED BY MS.KAVITHA JAKKALA DATED NIL.** **EXHIBIT P4 A TRUE COPY OF THE PHOTO UPLOADED IN FACEBOOK MOCKING AYYAPPA DEVOTTEES DATED NIL BY MS.RAHNA FATIMA.** **EXHIBIT P5 A TRUE COPY OF THE REPORT PUBLISHED IN INDIA EXPRESS ONLINE PORTAL.** **EXHIBIT P6 A TRUE COPY OF THE DECAN CHRONICLE DAILY REPORT DATED 20/10/2018.** **EXHIBIT P7 A TRUE COPY OF THE INDIA EXPRESS DAILY REPORTS DATED 20/10/2018.** 10 W.P.(C) Nos.34497 and 35718 of 2018 ## **APPENDIX OF WP(C) 35718/2018** **PETITIONER'S EXHIBITS EXHIBIT P1 NEWS REPORT PUBLISHED IN HINDU DAILY DATED 20.10.2018 REGARDING THE ENTRY OF NON- HINDUS IN SABARIMALA**